1. Scope and amendments of these General Conditions of Use of NATION PHOTO’s website (‘GCUNP’)
NATION PHOTO offers goods and consumables dedicated to traditional and digital photography, such as photosensitive films, photosensitive paper, traditional or digital photographic cameras, and memory cards .Moreover, NATION PHOTO offers a mail-order film processing service, which permits to the Customers to choose their service via the website www.nationphoto.com, and to send their films along with preloaded pre-paid vouchers, hereafter referred together to as “the Products”.
These general conditions of use of NATION PHOTO’s website hereafter referred to as “GCUNP”, apply to all orders performed ( hereafter ‘Orders’) by visitors (hereafter referred to as the “Visitor”, or the “Customer”) on the website www.NATION PHOTO.com edited by NATION PHOTO SARL (hereinafter referred to as the “Website” or the “Site” ). NATION PHOTO reserves the right to adapt or modify these GCUNP at any time. In case of modification, it will apply to order passed through the Website. These GCUNP apply to the exclusion of all other terms and conditions, specifically those applicable to in-store sales. The Customer hereby declares that he has been informed of the following GCUNP before ordering Products. He acknowledges hereby that by ordering Products online, their agreement to these GCUNP of sale does not require a handwritten signature. NATION PHOTO regularly amends the text of its GCUNP. The Customer is therefore invited to check the version applicable at the time of ordering. To do this, Customers are able to download, save and copy the GCUNP. By choosing to purchase Products online, the Customer accepts the following GCUNP expressly and irrevocably.
2. Customer Capacity - Personal use
NATION PHOTO presents the Products for sale with the required technical specifications in compliance with the article L 111-1 of the French Consumers Code which provides the possibility for the potential Customer to be fully informed of all applicable terms before ordering the Products.
The images and photos of the articles presented in the databases of the Website www.nationphoto.com are not contractual. NATION PHOTO’s liability cannot be committed if errors have occurred.
Nation Photo is also a registered trademark under the I.N.P.I. number 4035591 of which NATION PHOTO is the registered owner. The French Intellectual Property Code (‘CPI’) only allows copies or reproductions strictly reserved for the Customer’s private use and not intended for collective or commercial use without prior distribution agreement. Any reproduction of our pages-either whole or partial- made without our written consent would be unlawful (CPI article L.122-4) and would be punishable by articles L.335-2 and subsequent of the French Consumption Code. The suppliers' trademarks mentioned and represented are registered trademarks. NATION PHOTO is not the owner of these suppliers’ trademarks. The Customer is deemed to be an individual and to be entitled to contract. By ordering Products, the Customer acknowledges having the full legal capacity to engage himself under these GCUNP and declares that he has the capacity to conclude the present contract.
NATION PHOTO DOES NOT INTEND TO SELL ONLINE TO PROFESSIONALS, even if Products on offer have performance ratings, which are compatible with professional use. If a purchase is made for professional use, it is the Customer's responsibility to appraise compatibility with their intended use of the Product. NATION PHOTO CANNOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM PROFESSIONAL USE OF PRODUCTS.
3. Customer’s and Visitor’s Behaviour
Every Visitor and Customer must use the Internet responsibly with respect and courtesy in respect to the rights of other Internet users. In this way, by accessing this Website, the Visitor is not permitted to: uploading to the Website, posting, sending by e-mail or transmitting by any other means any illegal prejudicial, threatening, abusive, harassing, tortious, defamatory content, vulgar, obscene, immoral, violating the privacy of a person, including his right of publicity, obnoxious or pejorative or offensive from a racial, ethnic or other point of view; uploading to the Website, posting, sending email, or otherwise transmitting unsolicited or unauthorized advertising or promotional material, "advertising material", "misleading information", "chain letters", or any other form of solicitation; uploading to the Website, posting, sending email or otherwise transmitting any element containing software viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or any equipment telecommunication; disrupting or interrupting the Website or the servers or networks connected to the Website, or violating the requirements, procedures, rules or regulations of the networks connected to the Website; attempting to undermine the service of any user, host or network, which includes, without any exhaustiveness, exposing the Website to a virus, creating a saturation, flooding the server, saturating the messaging of e-mails or even falsifying any header information packet of TCP/ IP or any part of the information of the header contained in any e-mail; accessing to data that is not intended for the Visitor or entering in a server / account to which the Visitor is not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network, or otherwise breaching security or authentication measures without permission; impersonating another person; conducting an activity or inciting a third party to carry out an illegal activity or any other activity that would infringe the rights of NATION PHOTO, of its suppliers, partners, distributors, advertisers or any other Visitor; transmitting or transferring (by any means) information or software derived from the Website, in particular to other countries or to certain foreign nationals in violation of any national or international law or regulation.
By recognizing the global nature of the Internet, each Visitor agrees to respect all local and international rules and procedures relating to online behaviour and acceptable content, including any applicable laws relating to the transmission of technical data.
At any time and for any reason, NATION PHOTO may implement any means to stamp out, and without notice, the use of the Website by the Visitor or to any of NATION PHOTO’s Products for any conduct breaching these GCUNP, without prejudice to any financial damages that NATION PHOTO reserves the right to claim from the Visitor in case of non-compliance with these GCUNP.
4. Governing law and jurisdiction
The French laws are exclusively governing any remote sale from France on this Website. Products comply with legislation and standards applicable in France. For any purchase intended for export, the Customer is responsible for checking the specific rules applicable legislation in the relevant country with regard to taxes, declarations, or prohibitions. The place of performance and place of exclusive jurisdiction is the location of NATION PHOTO’s registered office, namely Paris, France. Those GCUNP are construed under the French laws, to the exclusion of the UN Sales Convention, and for any claim, issue, or complaint related to the use of the Website, or any order made through the Website.
NATION PHOTO can in no way be held liable for failure to comply with legislation applicable in countries where the Product is delivered: the Customer is fully responsible for verifying conditions for the import and use of Products.
5. Intellectual property
5.1. This Website
This Website and any software used in relation with it, may contain confidential information as well as data protected by intellectual property law.
Thus, unless otherwise noted, the intellectual property rights on the documents and any data of any kind contained in the Website and each of the elements composing this Website (images, illustrations, sounds, texts, graphic elements, charts), including software, databases and newsletters are the exclusive property of NATION PHOTO (hereinafter referred as the "Content"), which does not grant any license or any right other than the right to consult the Website. The reproduction of all or part of the Content is only authorized for the exclusive purpose of information for personal and private use. Any reproduction and any use of copies made for other purposes in any way and in any form is expressly prohibited. It is also prohibited to copy, modify, create a by-product, assemble, decompile (except as provided by law), sell, transfer, grant a sublicense or transfer in any way any right in the Content.
It is also forbidden to modify all or part of the Content and in particular the software or to use modified versions of the software in order, in particular, to obtain unauthorized access to the service and to have an access to the Website by other means than the interface which is provided for this purpose to the Visitor by the Website.
5.2. Trademarks
NATION PHOTO’s trademarks and logos are registered before the French Patent and Trade Office (INPI). The Visitor acknowledges the exclusive rights of NATION PHOTO on the registered trademark NATION PHOTO. NATION PHOTO prohibits any use which infringe his intellectual property rights. NATION PHOTO reserves the right to claim damages in case of infringement and more specifically infringement of its intellectual property rights. In the same way, the Visitor is prohibited from infringing the property rights, and in particular the intellectual property which may also belong to NATION PHOTO’s suppliers who own their registered trademarks.
5.3. Copyrights
The Customer agrees to notify to NATION PHOTO the existence of any copyright. If the execution of a Customer’s order infringes any kind of rights because such notification has not been given, the Customer will be held solely liable for any consequence attached to the copyright’s infringement. The Customer protects NATION PHOTO against third-party claims. In the event of loss, damage or destruction as a result of theft, fire, water ingress, NATION PHOTO shall only accept his liability up to the level of standard insurance, capped to the purchase price of the Products and only if NATION PHOTO is only liable of negligence.
6. Hypertext links
The Website may include links which lead towards other Websites or other Internet sources. Insofar as NATION PHOTO cannot control these Websites and external sources, NATION PHOTO cannot be held responsible for the provision of these Websites and external sources, and cannot assume any responsibility for the content, advertisements, Products, services or any other information or data available on or from such external Websites or sources.
In addition, NATION PHOTO cannot be held responsible for any damage or loss proved or alleged consecutive or in connection with the use or the fact of having putted trust into the content, goods or services available on these Websites or external sources.
Any creation of links connected to the Website NATION PHOTO, any framing of the Website, and more generally any use of a component of the Website, is subject to the prior express consent of NATION PHOTO which may be revoked at any time in its sole discretion. NATION PHOTO reserves the right to (i) request the removal of any link to the Website that has not been, or would no longer been authorized, and (ii) claim damages for the damage suffered as a result.
7. Personal data
Under the terms of the data protection law hereafter called “GDPR”: stemming from the EC Regulation (EU) 2016/679 of the European Parliament, and of the Council dated 27 April 2016, information requested from Customers are those necessary for ordering process and only destined for NATION PHOTO's use.
Customers retain a right to access to these information about them. All such information is available on request and may be rectified in case of error or change. Customers wishing refuse NATION PHOTO permission to give this information to third parties should express this refusal in a registered letter sending to NATION PHOTO: 26 Place de la Nation 75012 Paris – France, or by email sent on the following dedicated address : ophelie@nationprohoto.com
Personal data of third parties Confidentiality commitment: If the provision of Products induces the processing of personal data of third parties, these personal data have to remain confidential. The recipients of personal data are the controller, the internal departments in charge of the management of the mailing list, the sub-contractor charged with the management of the NATION PHOTO ‘s server as well as any person legally authorized to access to the data ( such as judicial services).
The data processing time is limited to the time during which the Customer is enrolled in NATION PHOTO’s communication services, as long as the Customer can remove his consent and unsubscribe at any time by clicking on the unsubscribe link down of each email. The server on which the mailing list is hosted by Mailjet. This implies that the Customer's data may be encrypted and transferred outside the EU under the article 46.2.d of the Directive 95/46 / EC called General Data Protection Regulation, by providing the appropriate protection clauses according to the pattern established and approved by the European Commission.
The Customer has the right to ask to the controller an access to the personal data, the correction or deletion of personal data, or a limitation of the treatment of the data subject, and the right to oppose the processing and the right to portability of data. The controller is Ophélie Lerat.The Customer has also the right to lodge a complaint to the supervisory authority. The provision of the Customer's email is necessary to receive the aforementioned communications and is entirely optional.
For any processing of personal data carried out in the context of the GCUNP, NATION PHOTO and its subcontractors partners will comply with the Regulation (EU) 2016/679 of the European Parliament and of the Council dated 27 April 2016, ruling the protection of individuals regarding to the processing of personal data. Personal data and the free transfer of such data, and Directive 95/46 / EC (called General Data Protection Regulation) – hereafter referred to as the "GDPR". NATION PHOTO guarantees that it strictly complies with the GDPR for any processing of personal data carried out in the context of these general conditions of use of NATION PHOTO.
Customer's personal data: In the occurrence case where NATION PHOTO’s provider processes personal data as detailed in the personal data processing policy, such as performing other treatments of the Customer's personal data or allowing a third party to do so, he will inform the Customer and comply with the GDPR, and if necessary, order to the third party to do the same and ensure that the third party complies with the GDPR.
Outsourcing of personal data: The provider may need to perform processing of personal data on behalf of the Customer or NATION PHOTO only for the personal data of a Customer who determined the purposes and means of processing. In this case, NATION PHOTO will be responsible for the processing and the service provider will be its subcontractor, under article 28 of the GDPR. Before any outsourcing of personal data, NATION PHOTO any outsourcing provider will enter into a subcontracting agreement in accordance with the GDPR.
Data collection of personal data: The service provider may be required to determine, with NATION PHOTO, the purposes and processing methods of personal data. In this case, NATION PHOTO and the provider will be jointly responsible for the treatment, within the meaning of article 26 of the GDPR. Before any co-contracting of personal data, the parties will enter into a co-contracting agreement in accordance with the GDPR.
8. Storage of negatives by NATION PHOTO
NATION PHOTO may store the Customers’ negatives upon request, but DOES NOT BEAR ANY LIABILITY for theft, damage, fire, water ingress, etc. Films are always cut into filmstrips and put into sleeves after processing.
9. Products and services
9.1. Products’ prices
Prices are displayed in euros all taxes included and excluding shipping costs. Prices are subject to the French value-added tax (except the cases provided by Article 262 ter I of the French Tax Code called CGI and/or to certain Customers because of their geographical location), as well as any change in the legal rate of this tax. Any other tax will be excluded in the price of the Products presented on the Website at the date stipulated by the applicable law or regulation.
The prices are subject to the constant evolution of the supplier’s prices and to change at any time due to changes in supplier prices, a launch offer, promotions or sales. The participation in shipping costs varies depending on the carrier selected by the Customer when ordering and the amount is indicated before the validation of the order. The shipping costs are not refunded in case of cancellation of an order after shipping and will be deducted from the amount of the refund made by NATION PHOTO, which will occur within 30 days of cancellation NATION PHOTO may however at its own discretion, consider to cover some shipping costs upon circumstances.
9.2. The area covered by deliveries - Tax-Free deliveries
The Products are deliverable only if the country of delivery is listed as such in the Delivery Area specified on the Website. All orders (hereafter referred to as ‘Order’) are invoiced inclusive of all taxes. Customers qualify for refunds of French taxes applicable to the Products ordered from their country of residence only where they qualify for tax-free status on such orders in the said country.
NATION PHOTO reserves the right to refuse any request for tax exemption which does not match the conditions set out in the present general terms of sale and those required by customs authorities. Any request relating to tax exemption and/or intracommunity VAT must be made subsequent to the invoice of the Product(s). If the Customer is a private individual or other entity not registered for VAT, and a member of an EC country, the Customer must pay all the taxes and fees, including shipping charges where applicable. If the Customer is an entity registered for VAT (specifically, non-French companies located in a Member State of the European Union), the Customer should send to NATION PHOTO a copy of the order on headed notepaper from the registered entity or company, on which the company VAT number should feature in full.
On receipt of such proof and after verification of the intracommunity VAT number, a VAT-exempt invoice will be sent with a refund in the form of a cheque made out in the sum of the VAT paid on the invoiced Products. NATION PHOTO reserves the right to refuse any request for tax exemption which does not match the conditions set out in the present GCUNP and those required by customs authorities.
If a Customer places an order or ordering a Product for delivery to a country other than their country of residence, the Customer is deemed to be the importer of the Product(s) in question. All customs and import duties and other local and/or state taxes payable are the sole liability of the Customer. Customers are responsible for requesting information from relevant authorities about entry conditions for Products ordered and for carrying out any relevant declarations and/or payments to the competent national authorities. Customers are also responsible for verifying conditions for the import and use of Products or Services that He is planning to ship, with the relevant local authorities. Customers should also check that the manufacturers' technical specifications comply with applicable national legislation. In no circumstances can NATION PHOTO be held liable in the event of Customers failing to comply with legislation in the country into which they have brought the Products. Specifically, if the Customer arranges for delivery outside the deliverable area, and with the agreement of NATION PHOTO, the Customer is required to carry out payment of all taxes, fees, or other sums payable in respect of private copying or any other aspect of intellectual property rights to the relevant national authorities. Customers must obtain information with respect to the applicability to Products ordered of any such taxes, fees or other sums as well as the amount of same and the formalities for declaring and paying said sums to the authorities so empowered for the place of delivery.
9.2. Products ‘availability
The Products are only available respect with the limits of available stocks. Availability times mentioned in the Products' description are indicative and depend in particular upon the timeline of suppliers and/or manufacturers. In such circumstances, the definitive unavailability or the possible postponement of these periods of time of availability cannot, in any case, involve NATION PHOTO's liability, nor open any right to compensation of any kind. In the event of temporary unavailability of a product, NATION PHOTO will inform the Customer of the new deadlines applied by the suppliers and/or manufacturers of the product concerned as soon as possible. If this unavailability is prolonged excessively, NATION PHOTO will do its best to offer the Customer an equivalent product or failing this, will provide a voucher if one of the products ordered is missing or failing this, will cancel the order if all of the products are missing and refund the Customer.
9.3. Products’ compliance
The Products comply with the standards applicable in France. Items such as photographs, texts, graphics and all information and features illustrating and/or accompanying the Products are not contractual. Consequently, NATION PHOTO cannot be responsible in case of error or omission of any of these elements or in case of modification of said elements by suppliers and/or manufacturers. The Customer is the only judge of the fitness of the Products ordered with the materials already in his possession. The total or partial unfitness to use the materials ordered by the Customer cannot lead refund or compensation.
9.4. Development of photographic film
By validating these conditions, the Customer declares that the film (s) he/she sends is amateur work, by definition without commercial value, free from any rights and therefore not intended for commercial, professional or lucrative purposes. In case of loss of the films by the carrier chosen by the Customer to send the film (s), NATION PHOTO cannot be held liable for the above. In case of loss when returning the Customer’s work by the carrier chosen by the Customer, the compensation will be solely the responsibility of the carrier. If the film (s) sent by the Customer were degraded or lost due to NATION PHOTO compensation cannot exceed a blank film similar to the one sent and its treatment and within the limit of 36 draws 10x15 cm. It is the responsibility of the Customer to take out the appropriate insurance if the loss of the images contained in the film (s) sent to NATION PHOTO were to induce moral or financial harm to the Customer. By validating these conditions, the Customer expressly waives any right to obtain compensation or financial compensation.
9.5. Time frame
The NATION PHOTO’s service of the development of film by correspondence is carried out as soon as possible. These times may vary depending on the workload and the time of year. NATION PHOTO’s laboratory is open from Monday to Saturday from 10:00 to 20:00 excluding the period of French holidays. NATION PHOTO cannot be held responsible for the delays of the carriers and only the time of realization of the service is guaranteed.
10. Final agreement
In any case, the final agreement on the sales contract is deemed to be concluded only at the time of the effective debit of the Customer's account for payment cards and corresponding credit of the Website, and from the date of receipt of the transfer in case of bank transfer.
11. Passing and acceptance of orders
The Products are presented on the Website with a description. The Customer willing to buy one of the Products clicks on its graphical representation. The Product is added to the Customer’s shopping cart which can already contain, if necessary, other items that the Customer wants to purchase and previously placed by himself in his shopping cart. When the Customer intends to finalize his order, he clicks on the "buy" button which appears under his shopping cart. He is then redirected to a page with a summary of all the items to be included in his next order, and at this stage, he has the option to delete some of the items that were in the shopping cart. He also has the option to cancel the procedure, and return to his shopping cart without validate his order. If the summary containing Product prices and shipping costs as advertised elsewhere on the Website suits him, the Customer enters his delivery and invoicing information and click on the logo of the bank of his choice to be directed to the secure server to secure the payment. The bank details of the Customer are therefore not at any time in the data kept by NATION PHOTO; their preservation and maintenance of their integrity is, therefore, the responsibility of the bank. Once the payment has been validated by the Customer on the secure server of the bank, he has the possibility to return to the Website or not. Once the payment has been validated, NATION PHOTO company sends to the Customer a summary of his order by email with the details of the items ordered, the total price including VAT, (except the cases provided for in Article 262 ter I of the CGI) the amount of the delivery costs, and the delivery times.
All compensation (blank films, processing error, etc.) are made in the form of credit notes. NATION PHOTO does not refund by transfer, Paypal or cash, except in case of cancellation of the order.
All orders are valid for one year. After this time, the non-receipt of the Customer’s films will lead to the cancellation of the Customer’s order.
12. Payment
The Customer expressly declares to have all the necessary authorizations to use the method of payment he has chosen during the validation of his order. He also undertakes to ensure his solvency before any order, if not, NATION PHOTO will not proceed to the delivery. NATION PHOTO can suspend or cancel any order or delivery in case of refusal of issuance of payment’s authorisation from the banks or Websites questioned according to the mode of payment chosen by the Customer. NATION PHOTO shall refuse to take into account an order or to make a delivery from a Customer with whom a dispute relating in particular to the payment of a previous order would remain valid. The Customer is also advised that NATION PHOTO can proceed to the analysis and/or check of past orders to fight against fraud, and in this context reserves the possibility to ask to the Customer any evidence it would find useful. At the end of this procedure, it reserves the right to suspend or cancel any order or delivery, even in the event of authorization of payment issued by the banks or Websites involved, in cases where this analysis and/or these checks would give to believe that the order has been fraudulent of the rights of a third party. Moreover, NATION PHOTO cannot be responsible in the event of fraudulent use of any means of payment that has not been detected by this analysis and/or checking procedure.
13. Deliveries ‘information
The Products are delivered to the delivery address provided by the Customer during the order online or offline, and only in France, Belgium, Luxembourg, and Switzerland. In the case where the delivery address is different from the billing address, it is appropriate for the Customer to provide these two separate addresses in the order form. It is also the responsibility of the Customer to provide all useful information for delivery when ordering to allow carriers to proceed with delivery. In case of erroneous or incomplete information that has made it impossible for the carrier to proceed of the delivery, a second delivery will be made after the return by the carrier of the goods to NATION PHOTO, this for the prior payment of the amount new shipping costs from the Customer. If the Customer has chosen the delivery in store, he will be notified by email of the availability of the Products and services ordered. The Customer would not be able to ask for a similar product available in store without the store availability confirmation email.
14. Delivery - absence
Products are delivered to the recipient only against signature (except for small and light Products shipped in bubble envelopes, which can be delivered directly to the mailbox). The Customer must conduct a review of the physical condition of the package delivered by the carrier and an examination of its contents, and this in the presence of the driver. Any defect found must be subject to a handwritten claim on the carrier's delivery book note; such claims must be explicit, detailed, dated and signed by the Customer to prevent any dispute. No claim may be registered in the absence of claims during the delivery. In case of absence, and according to the carrier selected by the Customer when ordering, it leaves a notice in the Customer’s mailbox inviting him to send the Products at a given address or contact him for arranging an appointment for a new delivery.
15. Delay and loss
Each carrier commits to delivery times and is therefore solely responsible for matching them. In the event of non-compliance with these deadlines, it is advisable to the Customer to contact first the carrier in order to verify that the Products ordered are not the subject of a pending. In case of significant delay or difficulty in locating the Products ordered, the Customer may then contact NATION PHOTO which will open an investigation to locate and or determine the package’s loss by the carrier. The Customer must contact the Customers NATION PHOTO’s service on web@nationphoto.com and provide all relevant information likely to help to locate the Products ordered through the carrier including the Order. In such a case, NATION PHOTO is dependent on the delays imposed by the carriers regarding the declaration of loss and the reimbursement of the shipment. These times may vary depending on the carrier. No reimbursement of the Customer can, therefore, take place before the carrier has declared misplaced, at the end of its search, the Products ordered. As soon as the statement of loss is made by the carrier, NATION PHOTO will refund the Customer.
16. Withdrawal of order
The Customer has a withdrawal right allowing him to retract his purchase within 14 days from delivery, according to the provisions of articles L 121-16 and following of the French Consumers Code. He must imperatively indicate beforehand its intention to return the pursuant according to its right of withdrawal on the returns contact page on the Site. The delivered Products must be returned to NATION PHOTO at the expenses of the Customer and under his responsibility, the responsibility for him to proceed to the insurance of the transport, in a perfect state of resale, in their packing of origin and presenting neither trace of shock, or malfunction. Subject to compliance with the above provisions, NATION PHOTO will refund the Products ordered for the amount shown on the Order, excluding shipping costs, within 30 days of receipt of Products. No refund can be made if the Products are not in their original packaging, which must be perfectly intact. According to the French Consumer Code, computer software is excluded from the right of withdrawal. The film development mail ordered service is not subject to the same rule since it concerns the transformation of a Product. However, as long as the Customer has not used the Customer’s purchase of service, and within 30 days from the date of purchase, he can request the cancellation and refund of this service via the interface of return of the Website.
17. Returns
All returns can only be made after obtaining a return number on the returns page of the Website and after explaining the reasons of the return. The return number is only valid for eight days. Only returns of Products whose original packaging has not been opened and is perfectly intact are accepted, with the exception of returns motivated by a malfunction of the product. The Customer is entirely liable of the risks of transport and it is therefore up to him to carry out all the necessary steps with regard to the security of the routing, in particular by ensuring its sending. The return costs are entirely the responsibility of the Customer, except the case where the return would be motivated by an error of NATION PHOTO in the preparation of the order, in this case of refund the return costs are reimbursed on the basis of a shipment called “Colissimo” (French Post office), or recorded by international carriers such as TNT, DHL, or UPS). No return can be motivated by a bad appreciation of the technical characteristics of a product or its incompatibility with other devices. Any return that has not been previously reported to NATION PHOTO, not including a return number, not being properly packaged, a product whose packaging would have been opened or who after examination would not prove defective, cannot be accepted. It will then be up to the Customer to recover his package at his expense. If the latter wishes that one or more items falling into one or more of the above cases is returned to him it will be up to him to pay in advance the sums necessary for this rerouting. A repackaging fee may be deducted from any refund sent to the Customer in the event that the returned Products has been accepted by NATION PHOTO despite minor damage to the packaging of the goods (plastic film for example).
The services of development of films by correspondence will not give rise to any refund after execution of the service, whether this one was delivered to its final recipient or not. When the film (s) photograph (s) that the Customer has sent by the post office or deposited in shop were developed, this operation being irreversible and having incurred a cost for NATION PHOTO, no refund or compensation can not to be required if the work does not present a defect stemming from NATION PHOTO. All improper use of the film or any error of choice of treatment when ordering by the Customer are excluded from these defects.
18. Complaints
The Customer must inspect the Products immediately upon delivery within the ordinary course of business and report any defects in writing, at the latest within 14 days. The sizes stated are working sizes and may be smaller when cut. If the Customer requires a precise size, this must be expressly agreed in writing when placing the order, otherwise, complaints will not be permitted. If the Customer does not provide any specific details of the desired colour, brightness or contrast, NATION PHOTO will determine these features based on the level of our technology. In the event of repeat orders, the same product cannot be guaranteed due to reasons relating to the material. The colours used in photographic materials change over time. The spectral colour sensitivity and colour reproduction of different materials such as monitors, photo paper, films, inkjet paper, prints, etc. can vary and are not necessarily as they appear to the human eye. Complaints on the grounds of differences between visual impression and colour reproduction of any kind are precluded. Reproduction also depends on the light source when viewing. NATION PHOTO considers a standard light to be 5500 kelvins. As scans are deleted approximatively 120 days after production, it is not possible to make a complaint after this.
Old films, effect films and films of unknown origin are processed at the Customer's request. As a good, visual result cannot be expected from this type of film, the Customer bears the risk of processing. Complaints on the grounds of colour variations, scan cuts and emulsion resolution are precluded. NATION PHOTO reserves the right to reject orders involving this type of film.
19. Guarantees
The Products are guaranteed by their manufacturers for the duration and according to the conditions indicated on the description of the Products appearing on the Website nationphoto.com and / or on the guarantee form possibly attached to the Products at the time of the delivery.
In the event of a defective product, the Customer must return it according to the conditions set out in these GCUNP. No return will be possible beyond the warranty period proposed by the manufacturer on the Products concerned. The costs and risks of returning the defective product are the responsibility of the Customer unless the return takes place within 14 days from the date of the order. NATION PHOTO cannot commit to any delay in processing the return of defective Products to the extent that after-sales service operations are performed by the manufacturer of the Products concerned. The guarantee of the defective Products is subordinated to the complete payment of their price by the Customer. Malfunctions caused by misuse of the product or by an external cause (such as an electrical surge) cannot give rise to warranty. NATION PHOTO MAY NOT EVER BE HELD LIABLE FOR DAMAGES NOT INCLUDING LOSS OF PROFIT, NOT FOR RESTITUTION IN KIND. BEFORE BEING PROCESSED FURTHER IN ANY WAY, THE CUSTOMER, AS PROCESSOR, MUST VERIFY THE ACCURACY OF OUR PRODUCTS. ANY LIABILITY FOR CONSEQUENTIAL DAMAGES IS HEREBY PRECLUDED.
The provisions of this article shall not deprive the Customer of the legal guarantee set out in article L 211-1 of the French Customer Code.
20. Retention of title
The transfer of ownership of the delivered Products to the Customer takes place only after full payment of their price and accessories .During the period until the complete payment of the price and its accessories, the risks of loss, theft or destruction are borne by the Customer.
21. Severability
Remedies Waivers In the event that any one or more provisions contained in this Order shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. The remedies contained herein are cumulative and in addition to any other remedies at law or equity. NATION PHOTO’s failure to enforce, or waiver of a breach of, any provision of this Order shall not constitute a waiver of any other breach or of such provision.
22. Notices
Any notice or communication required or permitted under this Order shall be in writing and shall be deemed received when personally delivered or three days after being sent via first-class mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time designate to the other.
23. Entire Agreement
Any order made under these GCINP is the complete and exclusive statement of the contract between NATION PHOTO and The Customer. No waiver, consent, modification, amendment or change of the terms of any order shall be binding for NATION PHOTO. In case of a conflict between the terms and conditions on the face any Order and the GCUNP contained on any Order, the GCUNP shall prevail
24. Additional or inconsistent terms
Any term or condition set forth in any Order provided which is in any way different from, inconsistent with or in addition to the GCUNP set forth herein will not become a part of this Order or be binding upon NATION PHOTO. If The Customer objects to any term or condition set forth herein, this objection must be in writing and received by us at the address stated on the opposite side prior to The Customer's delivery. Our failure to object to terms contained in any communication from The Customer will not be a waiver of the terms set forth herein. The Customer shall not condition any delivery upon the abrogation or modification of any of the terms and conditions included in this Order.
25. Mediator of the consumption as per the article L. 616-1 of the French Consumer Code
The Customer has the right to appeal free of charge to a consumer Mediator for the amicable resolution of a dispute with NATION PHOTO The Customer can send his request to https://www.mediateurfevad.fr
or by mail to : Médiateur de la consommation FEVAD - BP 20015 - 75362 PARIS CEDEX 8
26. Legal information
Publisher: The Website www.nationphoto.com produced and published by NATION PHOTO SARL with capital of 8432 euros, registered with the Paris Companies House under the number 439898693, whose head office is located at 26 Place de la Nation Paris 75012 Telephone: 00331 43 44 1600 E-mail: web@nationphoto.com ; Director of Publication : Mr Maximilien Steinberg; Editor: Nation Photo S.A.R.L. individual VAT number: FR33439898693 : Website hosted by the company OVH whose registered office is located 2, rue Kellermann 59100 Roubaix, France, registered under the number 424 761 419 00045, telephone number: +33972101007. In order to optimize the processing of the Customer’s requests, please specify after the mention «Customer Service» the subject of the Customer’s mail: withdrawal. Refunds, Justifications, Request information. In the Customer’s mail please also indicate the Customer’s name, first name, mailing addresses, email and, if you write to us about an order, the order number.